Legal Question in Civil Rights Law in Colorado

Re: miranda rights of a minor child

Police may certainly question a child without your knowledge, but whether the statements of the child would be admissible in court depends on whether a child of your own child's age would feel free to refuse to answer and walk away from the cops.

If the child is in custody and police ask questions, no statements or admissions of the child are admissible as evidence, unless a parent or guardian is present and the Miranda rights are advised. If the child is 18 or older, or tells police he or she is 18 or older, a parent need not be present and the child can waive the Miranda rights.

Good luck.